Republic of the Philippines
Province of Leyte
Department of Justice
Office of the Provincial Prosecutor
Bulwagan ng Katarungan, Tacloban City
PO2 Pedro Penduko, I.S. no. 1234
Complainant, For: Homicide
-versus-
Juan de la Cruz,
Respondent.
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INQUEST RESOLUTION
Respondent, Juan de la Cruz, was brought to this office for
inquest investigation after he was arrested by Police Officer Pedro
Penduko for the commission of the offense above captioned in a bar,
some time on January 1, 2018, at around 9:30 in the evening, at
Brgy. 1234, Burgos St., Tacloban City.
Submitted in support of the arrest and the complaint against
Juan de la Cruz the following documents, to wit:
1) Affidavit of Police Officer Pedro Penduko;
2) Autopsy Report of Pedro Santos; and
3) Death certificate of Pedro Santos.
STATEMENT OF FACTS
Respondent, when informed waived his right to preliminary
investigation as provided for under Section 7, Rule 112 of the
Revised Rules of Criminal Procedure, thus, undersigned has to
resolve the complaint with dispatch.
1 | I n q u e s t R e s o l u ti o n
In the affidavit of Police Officer Pedro Penduko, he averred that
he was on duty on the night January 1, 2018 and was patrolling the
vicinity pf Burgos St. when he saw people rushing out of X bar. He
stopped his police car to check see what was happening. When he
went inside the bar, he saw respondent Juan de la Cruz getting a
knife from his pocket and stabbed Pedro Santos. As such, Police
Officer Pedro Penduko immediately approached the respondent,
informed him of his authority and the reason for the arrest.
ANALYSES, FINDINGS AND RECOMMENDATIONS
The law sets forth instances when an arrest without a warrant
may be properly effected. Rule 113, Section 5 of the Revised Rules of
Criminal Procedure provides:
Section 5. Arrest without warrant; when lawful. — A peace officer or
a private person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to commit
an offense;
(b) When an offense has just been committed, and he has
probable cause to believe based on personal knowledge of facts
or circumstances that the person to be arrested has committed
it; and
(c) When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgment or is temporarily confined while his case
is pending, or has escaped while being transferred from one
confinement to another.
As a rule, when the person making the arrest acts without a
warrant, the person making the arrest acts at his peril since the
burden of proof is with the person the person arresting or causing
the arrest to show that the arrest was lawful. (6A CJS 17 – 18)
Within the meaning of Section 5, Rule 112 of the Revised Rules
of Criminal Procedure, an offense is committed in the presence or
2 | I n q u e s t R e s o l u ti o n
within the view of the person making the arrest, although at a
distance, or hears the disturbances created thereby and proceeds at
once to the scene thereof; or the offense is continuing, or has been
consummated, at the time the arrest is made. (People vs. Evaristo,
216 SCRA 431)
The facts laid out in the affidavit of Police Officer Pedro
Penduko and taken together with the other evidence herein attached,
showed that the arrest was valid which falls under the first paragraph
of Section 5, Rule 112 of the Revised Rules of Criminal Procedure.
The crime of homicide was committed in the presence of a police
officer which is a sufficient ground to lawfully arrest a person without
a warrant. The undersigned found that there is enough evidence to
form a well engendered belief that the respondent committed the
offense charged.
WHEREFORE, IN VIEW OF THE FOREGOING, it is most
respectfully recommended that an information for the crime of
Homicide be filed against the respondent Juan de la Cruz.
Tacloban City, Philippines, 1st day of January, 2018
Atty. Maria la del Barrio
Assist. Provincial Prosecutor
Approved by:
Atty. Mario de Boro
Chief Provincial Prosecutor
Copy furnished :
Juan de la Cruz, Brgy. 54321, Tacloban City
3 | I n q u e s t R e s o l u ti o n
